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What is commercial surrogacy?

by Fertility & Surrogacy Legal Group, APC | May 27, 2022 | Surrogacy Law

California couples who have fertility issues might want to consider surrogacy to become parents. If you’re considering commercial surrogacy, it’s important to understand what it means.

What is commercial surrogacy?

Commercial surrogacy is a surrogacy agreement that involves compensation to reimburse the surrogate for expenses related to the pregnancy. The surrogate is someone who is not related to the parents-to-be but a stranger who agrees to carry the baby for the couple. This differs from altruistic surrogacy, which sees the surrogate not requesting compensation. However, altruistic surrogacy often involves someone who is related or known to the intended parents before the agreement.

How does commercial surrogacy work?

Commercial surrogacy is somewhat controversial as it involves the surrogate’s own egg, meaning that she’s genetically linked to the child. The egg is fertilized using the intended father’s sperm or donor sperm and in utero insemination or IUI. The couple or person who wants to become parents signs a legal contract that states that the surrogate waives all rights to the child.

In addition to the surrogate agreeing to relinquish their parental rights to the child, there is also the matter of compensation. A monetary figure is agreed upon and the surrogate begins to receive compensation after the first ultrasound in which the baby’s heartbeat can be heard. She also receives additional money for various expenses, which are handled by a surrogacy specialist.

Some people are unable to conceive on their own or have fertility issues that prevent them from becoming biological parents. In those situations, commercial surrogacy might be appropriate.

If you are considering commercial surrogacy, it’s important to understand how it works and acknowledge the challenges it might bring. It could end up being the best thing you can do to start a family.